she's been serving since the clinton administration. and so if you want to call it that, she is the most likely one to retire during the president obama's second presidency. >> i'm sure you're familiar with the op-ed in "the new republic." in it they argued that justice ginsburg and breyer should preemptively retire so that obama is replace them with like minded liberals. what do you think about that process? >> well, that will be very unfortunate. if you look at how politicalization is working for the rest of government with congress getting, as you said, 14% approval rating and profoundly unproductive in the last session, that's not what the american people or the justices want from the court. that's not how they understand its role as you noted it's got a really important role in protecting and vindicating civil rights in this country. i think that's what people want to see it doing. >> when posed this question whether this is politicizing the court, they say no it is a plea for realism which is difficult for people to muster in the